State v. Powell

WEBB, Justice.

The defendant has brought forward three assignments of error pursuant to Rule 28(b)(5), Rules of Appellate Procedure and supported them by reason and authority. We shall consider these three assignments of error.

The defendant’s first assignment of error deals with the identification testimony of the prosecuting witness. The defendant objected to this testimony and a voir dire hearing out of the presence of the jury was held. The prosecuting witness testified that on 17 August 1982 she was staying at a cottage in Kitty Hawk, North Carolina. She arose early that morning and went…